Securities Lawyers Blog

Advisor Keith Kordich Subject to Customer Complaints Over Investment Practices

May 21, 2019 | by Staff Attorney

According to BrokerCheck records financial advisor Keith Kordich (Kordich), currently employed by Ameriprise Financial Services, Inc. (Ameriprise) has been subject to at least six customer complaints during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Kordich’s customer complaints allege that Kordich recommended unsuitable investments and securities among other allegations.

In February 2019 a customer filed a complaint alleging that Kordich violated the securities laws by, among other things, made unsuitable investments from 2012 through 2015. The claim alleges damages of $300,000 and is currently pending.

In April 2013 a customer filed a complaint alleging that Kordich violated the securities laws by, among other things, that from May 2011 through September 2012 the advisor traded excessively in the client’s accounts. The claim alleged $150,000 in damages and resulted in a settlement of $43,000.

William Hobby Subject to 23 Customer Complaints During His Career

May 20, 2019 | by Staff Attorney

According to BrokerCheck records financial advisor William Hobby (Hobby), formerly employed by UBS Financial Services Inc. (UBS) has been subject to an astonishing 23 customer complaints and one employment termination for cause during the course of his career. According to records kept by The Financial Industry Regulatory Authority (FINRA), Hobby’s customer complaints allege that Hobby recommended unsuitable securities recommendations among other allegations of misconduct in the handling of customer accounts.

In September 2018 UBS discharged Hobby claiming that the firm’s review found that he exercised discretion in client account without written authorization, failed to escalate same client’s complaint, and worked against firm’s interests by assisting that client in efforts to procure settlement from firm.

In October 2018 a customer filed a complaint alleging that Hobby violated the securities laws by, among other things, from August 2016 to October 2018 that due to her age she should not have been labeled as an aggressive investor and suffered losses she could not afford. The alleged damages are estimated to be in excess of $5,000 and settled for $24,000.

Robert High Accused of Misappropriating Funds – Investor Recovery

May 20, 2019 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating multiple claims that advisor Robert High (High) has engaged in a misappropriation scheme. High, formerly registered with First Financial Equity Corporation (First Financial) and operating out of Scottsdale, Arizona, has been accused by a customer of engaging in securities fraud and misappropriating funds.

In February 2019 the Federal Bureau of Investigation (FBI) opened an investigation into High for alleged misappropriation of funds and forgery. Shortly thereafter First Financial terminated High claiming that he was in violation of firm’s policies. In March 2019 a client filed a complaint alleging that High misappropriated funds causing $146,000 in funds. The claim is currently pending.

Also in March 2019, FINRA suspended High for failing to respond to the regulator’s requests for documents and information. If High continues to fail to respond he will be barred from the securities industry.

Advisor James Anderson Terminated Over Promissory Note Sales

May 19, 2019 | by Staff Attorney

According to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA) advisor James Anderson (Anderson), formerly associated with Ameritas Investment Corp. (Ameritas), and operating under the d/b/a name Central Financial Group was terminated by Ameritas in February 2019. Anderson was accused by Ameritas, upon conclusion of internal investigation, that he was found to have engaged in the sales of Indexed Annuities and Promissory Notes away from the firm.

In addition, in 2013 FINRA had found that during the exam period, Anderson was found to have sold Indexed Annuities that were not listed on the firm’s approved list. The transactions equaled to an undisclosed outside business activity, to which prompt/prior notice was not given to the firm.

The providing of loans or selling of notes and other investments outside of a brokerage firm constitutes impermissible private securities transactions – a practice known in the industry as “selling away”. At this point is unclear what securities or business activities Anderson was engaged in. His public disclosures state only that he operated out of his d/b/a firm Central Financial Group.

Edward Matthes Accused of Misappropriating Funds – Investor Recovery

May 19, 2019 | by Staff Attorney

The law offices of Gana Weinstein LLP are currently investigating multiple claims that advisor Edward Matthes (Matthes) has engaged in a misappropriation scheme. Matthes, formerly registered with Mutual of Omaha Investor Services, Inc. (Mutual of Omaha) and operating out of Oconomowoc, Wisconsin, has been accused by more than 10 customers of engaging in securities fraud and misappropriating their funds.

In March 2019, Mutual of Omaha terminated Matthes employment stating that Matthes was discharged for creating fictitious account statements and diverting customer funds for his own personal use. Also in March of 2019 the Federal Bureau of Investigation (FBI) opened an investigation into Matthes for alleged misappropriation of funds. Since then over ten customers have filed complaints alleging that Matthes misappropriated funds by diverting assets into his own bank account and created fictitious account statements.

Our law firm has significant experience bringing cases on behalf of defrauded victims when their advisors engage in misappropriation schemes. Matthes activities in the sale of unapproved investment products – is a practice known in the industry as “selling away” – a serious violation of the securities laws. In the industry the term selling away refers to when a financial advisor solicits investments in companies, promissory notes, or other securities that are not pre-approved by the broker’s affiliated firm. Sometimes those investments have some legitimacy but often times these types of investments can end up being Ponzi schemes or the advisor can be engaging in the conversion of funds.

Yield Enhancement Strategy (YES) Loss Recovery

May 18, 2019 | by Staff Attorney

Several large brokerage houses have been offering their clients option-based trading strategies referred to as a Yield Enhancement Strategy (YES). These firms include UBS Financial Services, Merrill Lynch, Credit Suisse, and Morgan Stanley. According to marketing materials, the YES strategy seeks to increase returns for investors through the trading of options. These options trading program employ various options trading strategies including the iron condor.

The yield enhancement strategies present substantial risks for investors that some advisors may not be fully disclosing. Options are complicated by their very nature and most investors lack the knowledge and experience in options, margin, puts, calls necessary to understand the relative risk reward trade offs associated with yield enhancement strategies. Despite these risks Wall Street firms continue to push these strategies because they generate fees and commissions for the firm while investors shoulder the risk.

First, the name itself is misleading because yield enhancement strategy sounds as if income is going to be generated. However, writing options and generating premiums is not income. Its compensation for the risk of the option being written. One of the most popular YES strategies, the iron condor, can allow an investor to generate a larger net credit relative to downside risk.

Summit Brokerage Broker Robert Berg Subject to Customer Complaints

May 15, 2019 | by Staff Attorney

According to BrokerCheck records financial advisor Robert Berg (Berg), currently employed by Summit Brokerage Services, Inc. (Summit Brokerage) has been subject to at least three customer complaints and one bankruptcy. According to records kept by The Financial Industry Regulatory Authority (FINRA), Berg’s customer complaints allege that Berg recommended unsuitable investments and securities.

In January 2019 a customer filed a complaint alleging that Berg violated the securities laws by, among other things, engaged in aggressive and speculative investment recommendations. The claim alleged $75,000 in damages and is currently pending.

In April 2018 a customer filed a complaint alleging that Berg violated the securities laws by, among other things unauthorized withdrawal of funds. The claim resulted in an award or judgement of $16,400.

In March 2013 Berg declared bankruptcy. Such disclosures on a broker’s record can reveal a financial incentive for the broker to recommend high commission products or services. FINRA discloses information concerning a broker’s financial condition because a broker’s inability to handle their own personal finances has also been found to be material information in helping investors determine if they should allow the broker to handle their finances.

Sanctioned Broker Mohamed Yassin Subject to Excessive Trading Complaints

May 14, 2019 | by Staff Attorney

According to BrokerCheck records kept by The Financial Industry Regulatory Authority (FINRA) broker Mohamed Yassin (Yassin) has been subject to at least two customer complaints, one employment termination for cause, and two regulatory matters during his career. Yassin is formerly employed by Morgan Stanley and National Securities Corporation (National Securities). The customer complaints against Yassin concern allegations of high frequency trading activity also referred to as excessive trading or churning.

In October 2018 FINRA alleged that Yassin failed to comply with an arbitration award or settlement agreement or to satisfactorily respond to a FINRA request to provide information concerning the status of compliance which triggered an industry bar and suspension.

In June 2017, Morgan Stanley discharged Yassin claiming that he failed to verbally confirm transactions prior to execution in clients’ accounts.

In April 2017 a customer filed a complaint alleging that Yassin violated the securities laws including excessive trading from 2012 until 2016 causing $2 million in damages. The claim settled for $602,717.

Peter Bakalis Accused of Forged Client Investment Paperwork

May 8, 2019 | by Staff Attorney

According to BrokerCheck records financial advisor Peter Bakalis (Bakalis), currently employed by D.H. Hill Securities, LLLP (DH Hill Securities) has been subject to at least two customer complaints, one employment termination for cause, and one regulatory investigation. According to records kept by The Financial Industry Regulatory Authority (FINRA), Bakalis’ customer complaints allege that Bakalis failed to disclose a non-traded REIT merger and forged client signatures on paperwork.

In October 2018 Bakalis was terminated by his then employer Sigma Financial Corporation when the firm claimed that it has reason to believe that the representative forged, or instructed/caused others to forge, client signatures on account opening and account transfer paperwork.

Thereafter, in December 2018 the State of Michigan Department of Insurance and Financial Services opened an investigation claiming to have received a complaint on the appropriateness of annuity surrender/transfer for 3 different clients.

Advisor Mark Lamkin Subject to Complaints Over REIT Investments

May 8, 2019 | by Staff Attorney

Advisor Mark Lamkin (Lamkin), currently employed by Calton & Associates, Inc. (Calton & Associates) has been subject to at least three customer complaints and two terminations for cause. According to a BrokerCheck report some of the customer complaints concern alternative investments and direct participation products (DPPs) such as non-traded real estate investment trusts (REITs), oil & gas programs, annuities, and equipment leasing programs. The attorneys at Gana Weinstein LLP have extensive experience handling investor losses caused by these types of products.

In August 2018 Lamkin’s then employer, LPL Financial LLC (LPL) terminated Lamkin claiming that advisor received and/or benefited from loans from firm customers, failed to disclose and inadequately disclosed outside business activities, and personally engaged in and solicited other investors to participate in private investments without obtaining Firm approval.

In January 2019 a customer filed a complaint alleging that Lamkin violated the securities laws by making misrepresentations concerning an annuity product. The claim is currently pending.

In April 2019 another customer filed a complaint alleging that Lamkin violated the securities laws by making misrepresentations and an unsuitable investment in a REIT security. The claim is currently pending.